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Money Bill UPSC NOTE

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  What is money bill ? A Money Bill is a financial legislation that contains provisions exclusively related to revenue, taxation, government...

 What is money bill ?

  • A Money Bill is a financial legislation that contains provisions exclusively related to revenue, taxation, government expenditures, and borrowing

  • Article 110(1), a Bill is deemed to be a money Bill if it deals only with matters specified in Article 110 (1) (a) to (g) — taxation, borrowing by the government, and appropriation of money from the Consolidated Fund of India, among others.

  • Article 110(1)(g) adds that “any matter incidental to any of the matters specified in Articles 110(1)(a)-(f)” can also be a Money Bill.

  • Article 110 (3) of the Constitution, “If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final.

  • Money Bills must be introduced in the Lok Sabha and cannot be introduced in the Rajya Sabha (the upper house).

  • The Rajya Sabha can only make recommendations on a Money Bill but does not have the power to amend or reject it.

  • President can either accept or reject a money bill but cannot return it for reconsideration.

  • There is no provision for Joint sitting

Ongoing battle

  • Chief Justice of India D.Y. Chandrachud agreed to list petitions challenging the Money Bill route taken by the Centre to pass contentious amendments in the Parliament

  • The Money Bill question was referred to a seven-judge Bench in November 2019 by a five-judge Bench headed by Chief Justice Ranjan Gogoi in the case of Rojer Mathew vs. South Indian Bank Ltd. 

  • The cardinal issue is whether such amendments could be passed as a Money Bill, circumventing the Rajya Sabha, in violation of Article 110 of the Constitution.

  • The reference includes legal questions concerning amendments made from 2015 onwards in the PMLA through Money Bills, giving the Enforcement Directorate almost blanket powers of arrest, raids, etc. 

  • Though the court had upheld the legality of the PMLA amendments, it left the question of whether the amendments could have been passed as Money Bills to the seven-judge Bench

  • The case also raises questions about the passage of the Finance Act of 2017 as a Money Bill to alter the appointments to 19 key judicial tribunals, including the National Green Tribunal and Central Administrative Tribunal.

  • The question of passage of laws after dressing them up as Money Bills had come up in the Aadhaar case too. 

  • However, the top court had, in a majority verdict in 2021, refused to review its 2018 judgment (K. Puttaswamy case) upholding the validity of the Aadhaar Act and its certification as a Money Bill.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Money Bill UPSC NOTE
Money Bill UPSC NOTE
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Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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